Conditions of Sale
In these Conditions:
- ‘Company’ means Mechtric group of Companies.
- ‘Purchaser’ means the purchaser of the goods supplied.
- ‘Goods’ means the products, and if any service supplied.
- ‘Order’ means the order for the goods constituted by this document.
- Prices are recommended trade prices unless otherwise shown and are subject to change without notice.
- Goods will be invoiced at prices ruling at the date of invoice.
- GST is chargeable on all sales and is not included in the prices shown in the trade price list.
- Export sales are exempt from GST where Mechtric delivers the goods outside Australia.
- The purchase price in relation to goods shall be payable net and payment thereof shall be made on or before the thirtieth day of the month next following the delivery of the goods unless otherwise expressly stated in writing.
- Overdue accounts may result in the credit account being put on stop until any overdue amount has been paid in full. Where accounts are habitually overdue, Mechtric reserves the right to withdraw credit facilities at which point all monies become due and payable immediately.
- No returns will be accepted unless prior agreement in writing has been made. After reaching agreement, goods returned must be in original packing, unsoiled, undamaged and delivered free to the company’s store.
- Prior to return a GRN number must be obtained from the branch where the goods were originally purchased and unless otherwise agreed, goods returned will be subject to a minimum 15% restocking fee.
- Goods returned must be accompanied by a delivery docket, stating the GRN number, original invoice number, date of purchase and reason for return.
- Goods returned without a GRN number may be rejected and returned to the customer at the customer’s expense.
- Goods not returned by our nominated carrier/s will not be accepted.
- Credits will not be issued or deducted from accounts until goods have been returned to the company and been accepted as being in good order and condition.
- Goods that have been specially manufactured or are not of our standard product range will not under any circumstances be accepted for return.
- Quotations are valid for a nominal period of thirty (30) days from date of quotation and thereafter are subject to confirmation before acceptance.
- Stock availability quoted will be the availability at the time of quotation and subject to change over time. Mechtric does not reserve stock for quotations.
- Exchange rates quoted are those ruling at the time of the quotation and are subject to change without notice.
The Company’s liability for goods manufactured or supplied by it, is limited to making good any defects by repairing the same or at the Company’s option by replacement within a period not exceeding twelve calendar months after the goods have been dispatched provided that:
- Defects have arisen solely from faulty materials or workmanship;
- The goods have not received maltreatment, inattention or interference;
- Accessories of any kind used by purchaser are manufactured by or approved by vendor;
- The seals of any kind on the goods remain unbroken; and
- The defective parts are promptly returned free of cost to the Company.
Limitation of Liability:
- The Company shall not be subject to nor incur, and the purchaser releases the Company from any claim action or liability (including consequential loss or damage, removal reinstallation, loss or use of profits) by reason of delays faulty or defective materials or workmanship, negligence or any act matter or thing done permitted or omitted by the Company.
- Purchaser’s property under the Company’s custody or control will be entirely at the purchaser’s risk as regards loss or damage thereto or thereby by whatsoever cause arising.
- Goods shown in this catalogue are those goods the Company considers its normal lines. The company however does not warrant, whether expressed or implied the availability ex stock any of those goods listed in this catalogue.
Drawings and Dimensions:
All drawings and printed matter accompanying a quotation or in the purchaser’s hand before or after acceptance or any order are for information only.
Any performance figures given by the Company are estimates only, and the Company makes no warranty or representation of any kind whatsoever as to the performance of the goods or suitability or sufficiency of the goods for the purpose of use by the customer. The Company shall be under no liability for damages for failure to attain such figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognised tolerances applicable to such figures.
The Company reserves the following rights in relation to the goods until all accounts owed by the purchaser to the Company are fully paid:
- Legal ownership of the goods;
- To enter the purchaser’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
- To keep or resell any goods repossessed pursuant to (ii) above.
In the event the goods are resold, or products manufactured using their goods are sold,
by the purchaser, the purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the goods
sold or used in the manufacture of the goods sole in a separate identifiable account as beneficial property of the Company and shall pay such amount to the Company upon request. Notwithstanding the provisions above the Company shall be entitled to maintain an account against the purchaser for the purchase price and the risk of the goods shall pass to the purchaser upon delivery.
Interest on Overdue Payments: Should the purchaser default in the payment of any statement on due date then all monies due to the Purchaser shall immediately become due and payable and shall be paid by the purchaser within SEVEN (7) days of the date of demand and the Company shall be entitled to charge
a default charge at the rate of 2% per month on all overdue account from the date of due payment until the date of actual payment.
Any expenses, costs or disbursement incurred by the Company in recovering any outstanding monies including debt collection agency fees and solicitor’s costs shall be paid by the purchaser and in the case of payments to the Company’s solicitors on an indemnity basis.
- Any claims for errors must be made within fourteen (14) days of receipt of goods, by written notice to a Company Office.
- Errors or omissions of a clerical or mechanical nature appearing on the face hereof are subject to correction by the Company.
- In the event of the purchaser’s financial condition shall become impaired prior to delivery or full payment to the Company, the purchaser shall notify the Company office immediately.
- In the event that the company, in its sole and unfettered discretion finds the purchaser’s financial condition unsatisfactory to the Company (with or without notice from the purchaser) the Company may exercise any or all of the following options: demand immediate payment; suspend all further deliveries; terminate this agreement upon two (2) days written notice to the purchaser, without limitation of any other rights or remedies it has herein or under law.
- The purchaser’s orders, acknowledged by the Company, may be cancelled, modified or deferred only upon written consent of the Company, such consent being subject to the Company being reimbursed against all losses due to any such cancellation, modification or deferment.
- The purchaser, in the event of its default hereunder, shall be liable for the Company’s damages including expenses, costs of collections, in addition to other remedies the Company shall have under law.
- The Company’s failure to insist upon strict performance of any of the terms herein shall not be deemed a waiver of any right or remedies that the Company may have, and shall not be deemed a waiver of any subsequent breach of default in their terms, conditions, and covenants herein contained.
- Headlines are for convenience only and shall not be used in construing and interpreting this agreement.
- Neither this agreement nor any rights hereunder may be assigned by the purchaser without prior written consent of the Company.
- This contract shall be interpreted and construed in accordance with the laws of and as from time to time in force in the State of Western Australia.